04-14-2021 Council Packet - Laserfiche WebLink

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13068487v2 2 ARTICLE I DEFINITIONS AND INTERPRETATION Section 1.01 Definitions. Unless the context otherwise requires, the terms defined in this Article I and in the recitals and succeeding Articles of this Loan Agreement shall, for all purposes of this Loan Agreement and of any agreement supplemental hereto, have the meanings herein specified, such definitions to be equally applicable to both the singular and plural forms of any of the terms defined: “Act” means Minnesota Statutes, Chapter 462C, as amended. “Additional Bonds” means any Additional Bonds issued pursuant to Section 2.09 of the Indenture. “Affiliate” means any person directly or indirectly controlling or controlled by or under direct or indirect common control with the Corporation. For purposes of this definition, “Control” when used with respect to any specified person means the power to direct the management and policies of such person, directly or indirectly, whether through the Ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing. “Assignment” or “Lease Assignment” means the assignment of leases and rents included in the Mortgage. “Authorized Corporation Representative” means any person at the time designated to act on behalf of the Corporation by written certificate furnished to the Issuer and the Trustee, containing the specimen signature of such person and signed by the Chairperson, the President, the Chief Executive Officer, the Vice Chairperson, the Secretary, the Assistant Secretary, the Treasurer or the Chief Financial Officer of the Corporation. Such Certificate may designate an alternate or alternates. “Authorized Issuer Representative” means the person at the time designated to act on behalf of the Issuer by written certificate furnished to the Corporation and Trustee containing the specimen signature of such person and signed on behalf of the Issuer by its Mayor or City Administrator. Such certificate may designate an alternate or alternates. “Bond Counsel” means Independent nationally recognized bond counsel selected by the Issuer. “Bond Documents” means this Loan Agreement, the Indenture, the Bond Resolution, the Guaranty, the Disbursing Agreement, and the Mortgage. “Bond Fund” means the Bond Fund established under Section 5.01 of the Indenture. “Bond Resolution” means the resolution adopted by the City Council on April 14, 2021, authorizing the issuance and sale of the Series 2021D Bonds, as the same may be amended, modified or supplemented by any amendments or modifications thereof.